Then I think we are fairly close. On 11/10/15 22:03, Paul Twomey wrote:
Nigel
I am of a similar view as Tatiana's below.
My stated concern has always been with some subset sections of the Ruggie principles. Not necessarily with UDHR.
Paul
On 10/12/15 6:22 AM, Dr. Tatiana Tropina wrote:
Nigel, I think there is confusion about the matter we are actually trying to discuss here, namely, which instruments should stay in the bracketed text. You refer to UDHR - but it's not the issue. A reference to UDHR was suggested in the group discussion and we decided that it will stay in the bracketed text of the proposed bylaw language as one of the choices. I am for more general bylaw language, but I can live the inclusion of UDHR and other two legal instruments proposed because they reflect international human rights law. So this bracketed text will stay in the proposed language anyway. The discussion here, however, focuses on the inclusion of the Ruggie principles, not UDHR. And whatever issue is raised as a potential concern - be it legal issue, potential liability or just simply the absence of even a rough consensus between the members of the group on a possible inclusion of Ruggie principles into the bylaw language and possible consequences of such inclusion - it means, IMHO, that we can't propose to include UN Guiding principles. Proper legal instruments, such as UDHR, will stay in brackets as a possible choice in any case. That's how I see it. Best regards Tatiana
On 11/10/15 21:00, Nigel Roberts wrote:
Paul
What legal connection does ICANN have to ccTLDs that would make it potentially liable in the way you suggest.
This is a serious question. You have raised it as a /legal/ issue here.
I repeat my submission that to omit a reference to the applicable human rights standard (UDHR) instrument could potentially make ICANN liable under other instruments.
On 11/10/15 19:51, Paul Twomey wrote:
ICANN being held legally liable for the actions of ccTLDs, RIRs and
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